During 2022/23, a series of inclusive human rights dialogues, involving over 500 Libyan women and men, including youth, was facilitated by the co-chairs of the Working Group on International Humanitarian Law and Human Rights (IHL/HL WG) of the International Follow-Up Committee on Libya (IFCL) of the Berlin Process. The series included focus group dialogues, individual consultations, written responses, and an online digital dialogue, aimed at informing a rights-based political and reconciliation process in Libya.

The co-chairs are pleased to present to Libyan authorities the key principles on human rights which were consistently articulated by the over 500 Libyans involved in the dialogue, including civil society actors, human rights defenders, activists, lawyers, women’s groups, government actors, workers, youth including students, victims’ groups, experts and academics, and journalists. The series of dialogues solicited their views on the most pressing human rights issues as well as actions required to protect gains, overcome obstacles, and ultimately, to advance human rights in Libya. The principles and recommendations summarised below represent dialogue participants’ views and voices, including solutions to achieve dignity, justice, and freedom for all, and ultimately to secure sustainable peace, built on a foundation of human rights.

Key principles and recommendations

Human rights are a solution to solving the challenges in Libya. “We care for the homeland, for civil rights, and we want our living conditions to be improved”, said Libyan women, men and youth involved in the dialogue. Human rights abuses, exclusion and marginalisation were viewed as the root causes of nearly every driver of conflict and instability in Libya. If left unaddressed, human rights challenges, said Libyans, will fester and emerge as new drivers of conflict, feeding into toxic cycles of revenge. As such, the protection of human rights is also viewed as the solution to addressing challenges and to preventing further conflict.

Widespread impunity and lack of accountability must be addressed. Impunity for violations of international humanitarian law and abuses of human rights, against Libyans and non-Libyans, undermines the rule of law and the State and its institutions. Widespread impunity further serves to deny Libyans their rights to truth, justice, and accountability. Dialogue participants stressed the need for the justice system to be reformed and strengthened, with emphasis on investigations and prosecutions of alleged perpetrators. Libyan participants also highlighted the need for international accountability mechanisms and the targeted use of sanctions which should complement, not replace, efforts towards criminal accountability.

Security sector reform is crucial. Libyans consistently raised concerns about armed groups and militias that have mushroomed in Libya since the February Revolution and who undermine human rights and the rule of law. Many of these armed actors have been legitimised and control security and law enforcement agencies and perpetrate widespread violations of international humanitarian law and human rights with impunity. Libyans unanimously called for a comprehensive security-sector reform process, stressing that it is critical to regulate armed groups, dismantle militias, and create a unified army. Vetting processes, they further noted, are crucial to ensure a professionalised security sector that is accountable to the people it is meant to serve and advances, not undermines, people’s fundamental rights.

Access to fundamental rights and basic services should be ensured. Around 80 per cent of dialogue participants stated that living conditions and provision of services have deteriorated in 2022, with a profound impact on their lives – in summer, in searing heat, students are unable to study due to power cuts, and in the south people spoke of the lack of access to even basic healthcare. Obstacles to citizenship and legal documentation further marginalise vulnerable groups. All people in Libyan, regardless of gender, region, perceived political affiliation, cultural background, disability, or legal status – including those displaced, should have access basic services such as adequate healthcare, access to education, electricity, food, and housing.

Freedom of expression, opinion, and association must be protected and promoted. More than 60 per cent of the participants involved in the digital dialogue said they do not feel safe to freely express their opinions. Dialogue participants asserted that freedom of expression, opinion and association are not only fundamental rights but are critical for elections and the political and reconciliation process, where everyone should be able to participate and express their views freely in dignity and safety. Dialogue participants further stressed that arbitrary restrictions that limit civic space and civil society organisations should be lifted, as these organisations “represent the strength of Libyan society”. They called for efforts to address (online) hate speech which serves to silence those who speak out about inequality, injustice, and human rights violations, hindering their participation in public life and eroding civic space.

Libyans political rights must be respected. The majority of Libyans stressed that the political crisis must end, and that their political rights must be guaranteed through elections – a young person, for example, highlighted how he has never been able to exercise his right to vote. An agreement on a constitutional framework for elections is needed, said Libyans, as well as support from the international community in realising Libyan-led elections. Political rights also include representation at all levels in politics and society, as emphasized by persons with disabilities, women, youth, and ethnic minorities, who consistently expressed their frustration at being ignored or underrepresented in the political process.

Widespread violence against women and girls must end. Violence against women, including violence enabled by increasing insecurity, so-called ‘honour killings’, and an increase in online harassment, hate speech and threats must be addressed urgently, said both women and men involve in the dialogue. Gender approaches to national policies and programmes are needed to address violence against women and laws to protect women and their rights are crucial, said both Libyan women and men. Participants also spoke of women’s role in society and the limitations imposed on them, stating that “we should guarantee women’s rights to participate in public and political life, including in the political and national reconciliation process”.

Towards a “Libya where everyone enjoys their rights” without distinction

2023 marks the 75^th anniversary of the Universal Declaration of Human Rights – this is a unique moment to reflect and celebrate our intrinsic human rights. The 75^th anniversary also provides an opportunity to foster a country-wide consensus on human rights as a basis to tackle Libya’s many political, human rights and development challenges and to generate joint commitments to protect and promote human rights across society, at a time when the rights of all Libyans are under threat. 75 years after the establishment of the Universal Declaration of Human Rights, Libyans unanimously call for dignity, freedom, and justice.

The Security Council reaffirms its strong commitment to an inclusive, Libyan-led and Libyan-owned political process, facilitated by the United Nations and supported by the international community, as well as its strong support for the people of Libya to determine who governs them through elections and to ensure this legitimate demand is heard through the political process.

The Security Council commends the role played by Egypt to facilitate talks in Cairo between the House of Representatives (HoR) and the High State Council (HSC). The Security Council welcomes, in this regard, the gradual progress made on the constitutional framework for elections and the 13th amendment of the constitutional declaration. The Security Council recognises the continued role of the HoR and HSC and underlines the need for new momentum to build on this progress, to secure the legal basis and political agreement essential to conduct free, fair, transparent, inclusive and secure national presidential and parliamentary elections in 2023 across the country and to complete Libya’s political transition.

The Security Council reiterates its strong support for the Special Representative of the Secretary-General (SRSG) for Libya and Head of the United Nations Support Mission in Libya (UNSMIL), Abdoulaye Bathily, in particular his mediation and good offices role to further an inclusive political process, in line with relevant Security Council resolutions. The Security Council commends the SRSG’s extensive consultations with Libyan and regional stakeholders, and the international community, to identify a consensus-based pathway towards national presidential and parliamentary elections in 2023 and meet the aspirations of all Libyans to select their leaders through the ballot box.

The Security Council is encouraged by the SRSG’s initiative to launch a UN-facilitated, Libyan High-Level Panel for Elections (HLPE), in particular, that it is intended to complement progress made by other processes and bring together stakeholders. The Security Council emphasises the importance of a participatory and representative process that includes representatives of political institutions and political figures, tribal leaders, civil society organisations, security actors, youth, and the full, equal and meaningful participation of women, and is therefore able to assist in reaching consensus on the necessary steps to conclude the electoral process, including finalising the constitutional basis and electoral laws, in an inclusive and transparent way, in order to ensure that any outcome of its actions and deliberations is acceptable and supported by all major Libyan stakeholders. The Security Council urges all stakeholders to engage fully, constructively, transparently, and in a spirit of compromise with the SRSG and to uphold guarantees concerning the independence and integrity of the inclusive electoral process, and election results.

The Security Council underscores the importance of cooperation and constructive engagement between all relevant Libyan institutions in this regard. The Security Council further emphasises the importance of providing a safe environment for civil society organisations to work freely and to protect them from threats and reprisals.

The Security Council calls upon the international community to fully support the SRSG and UNSMIL in the implementation of their mandate, and, in this regard, encourages the SRSG to continue to take advantage of the contributions of neighbouring countries and regional organisations, in particular the African Union and the League of Arab States, in finding a lasting and peaceful solution to the Libyan crisis.

The Security Council welcomes the support provided by the United Nations to the Libyan High National Elections Commission (HNEC), and encourages the continuation of this support, including the deployment of a needs assessment mission, to enable the HNEC to deliver free, fair, transparent and inclusive national presidential and parliamentary elections across Libya.

The Security Council underscores the importance of the principles of financial responsibility, anti-corruption and transparency in the context of elections. The Security Council further underscores the importance of the Libyan authorities and institutions being both capable of, and accountable for, organising elections in a neutral way across the country in 2023.

The Security Council recalls that individuals or entities who threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition, including by obstructing or undermining the elections, may be designated under Security Council sanctions. The Security Council further recalls that all Libyan stakeholders previously gave strong guarantees to support and respect the independence and integrity of the electoral process, as well as the election results, and reiterates its call upon them to uphold these guarantees, in line with their political responsibilities to the Libyan people.

The Security Council underlines the importance of an inclusive reconciliation process based on the principles of transitional justice and accountability, and welcomes the efforts of the Presidential Council to launch the national reconciliation process, with the support of the African Union, including to facilitate a meeting on national reconciliation in Libya in the coming months.

The Security Council reiterates that the political process should be accompanied by constructive engagement in the economic and security tracks, as well as full respect for human rights law and international humanitarian law. The Security Council calls on all parties to uphold the 23 October 2020 ceasefire agreement and to accelerate full implementation of its provisions, including the Action Plan agreed by the 5+5 Joint Military Commission in Geneva on 8 October 2021, which is to be implemented in a synchronised, phased, gradual and balanced manner. The Security Council urges Member States to respect and support full implementation of the 23 October 2020 ceasefire agreement and Action Plan, including through the withdrawal of all foreign forces, foreign fighters and mercenaries from the country without further delay. They recalled the need to plan for security sector reform and to progress towards the demobilization, disarmament and reintegration of armed groups, as agreed by the 5+5 Joint Military Commission on 8 December 2022. The Security Council underscores the need for establishment of an inclusive, unified, accountable, civilian-led security architecture for Libya as a whole.

The Security Council recalls its demands for full compliance by all Member States with the arms embargo imposed under resolution 1970 (2011), as modified by subsequent resolutions.

The Security Council recalls that Libya’s oil resources are for the benefit of all Libyans. The Security Council welcomes the efforts of the Economic Working Group of the International Follow-up Committee on Libya of the Berlin process to support Libyan efforts towards the unification of financial institutions, including the Central Bank, and to establish a transparent, Libyan-led mechanism to improve revenue management and transparency for the benefit of all Libyan people. The Security Council reaffirms its intention to ensure that assets frozen pursuant to paragraph 17 of resolution 1970 (2011) shall at a later stage be made available for the benefit of the Libyan people.

The Security Council reiterates its grave concern about the smuggling of migrants and refugees and human trafficking through Libya, and at the situation faced by migrants and refugees, including children, in Libya. The Security Council recalls the need to support further efforts to strengthen Libyan border management. The Security Council calls on Libyan authorities to respect and protect the human rights of migrants, and to take steps towards the closing of migrant detention centres.

The Security Council reaffirms its strong commitment to the sovereignty, independence, territorial integrity and national unity of Libya.